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SMITH v. FIAT-ROOSEVELT MOTORS, INC.

No. 73-228-Orl-Civ-R.

402 F.Supp. 116 (1975)

William H. SMITH, Plaintiff, v. FIAT-ROOSEVELT MOTORS, INC., a New Jersey Corporation, Defendant.

United States District Court, M. D. Florida, Orlando Division.

October 20, 1975.

Attorney(s) appearing for the Case

Anthony I. Provitola, Provitola & McDermott, P. A., DeLand, Fla., for plaintiff.

Robert C. Gobelman, Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, Fla., for defendant.

ORDER

REED, District Judge.

This cause came on for a hearing on 15 October 1975 on the defendant's Motion for Summary Judgment.

The Amended Complaint charged the defendant with liability on two theories of law. The first was that the defendant breached a warranty that the 1971 Fiat automobile in question was, ". . . reasonably fit for its intended use as a passenger automobile equipped with crashworthy seat backs and devices securing the same . ...

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